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Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Hazi Abdul Hakim Khan.................................. Petitioner Vs. Lal Miah Saiyal alias Lal Miah and others........ Respondents Judgments February 26, 2012 Result: The petition is dism......dated 05.05.1967 and handed over possession to him. The deed could not be registered on account of the legal complications prevailing at the time regarding registration of sale deeds concerning Hindu property. Soon after purchase, Mazid Saiyal built his dwelling house in his portion of the suit hold......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
....d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
......his Case is also Reported in: VIII ADC (2011) 770.
......jor punishment and thereÂfore, the rules required an inquiry to the allegations.
6. Mr. Mahmudul Islam, appearing for the caveators, on the other hand, contended that the High Court Division on a proper consideration of the materials on record discharged the rule on assigning good reaÂsons and ......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
..
Category: Employment/Service Law | Date: | Hits: 97
....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......
This Case is also Reported in: VIII ADC (2011) 744.
......e the said pattan defendant Nos.1 and 2 had been residing on the suit land constructing dwelling structures thereon and on payment of rent, municipal tax etc. The said defendants transferred the suit property to the plaintiffs by a regÂistered sale deed dated 12.05.1970, but in that sale deed also ......10.2008 made the Rule absolute and sent the suit back on remand to the trial Court with the observation to the effect "This is a fit case to send back the suit on remand to the trial Court for proper adjudication of the matter after investigation of the suit land by appointing another Advocate Commi..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......issed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......he suit with the finding that the suit was maintainable, there was no defect of party and was not barred by limitation. The trial Court furÂther found that the deed of gift under chalÂlenge was not properly executed and the same was not executable in law. In coming to the said finding about the im......ssioner (Revenue), Patuakhali. The Additional Deputy Commissioner (Revenue) without deciding the said misÂcellaneous case sent the same to the Assistant Commissioner (Land), Bawfal on 16.05.1999 for adjudication. The plaintiff felt that he would not get justice before the Assistant Commissioner (La..Category: Property Law | Date: | Hits: 62
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Hossain Ahmed.........................Petitioner Vs. Bangladesh House Building Finance Corporation and another……….........Respondents Judgment February 27, 2011. Result: The ......d ex-parte on 06.06.1992 in preliminary form directing the judgment-debtor-petiÂtioner to pay the decreetal amount within 3 (three) months, in default, to realize the decreetal amount by selling the properties as described in the schedule to the applicaÂtion. As the judgment-debtor did not pay the......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Shariful Islam…………………………Petitioner Vs. Billal Hossain and the State………………………Opposite Parties Judgment July 29, 1992. Lawyers In......fresh charge and proceed with the trial. Here in this case, on consideration of the materials on record, if the trial Court finds that a charge under section 326 of the Penal Code would have been the proper charge that Court has the authority to frame a fresh charge. But in the present case before u...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ..Category: Criminal Law | Date: | Hits: 67
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....bill with analysis loss sustained during the stoppage of work for 47 days respectively on May 6, 1984 and May 22, 1984 and on June 18, 1984 submitted the report of completion of the construction work completed on 30th, April, 1984 and requested Engineer‑in‑charge to make payment of the final bi......Case is also Reported in: 45 DLR (HCD) (1993) 712. ......appellant was not entitled to compensation for the loss of business for 47 days as alleged and the appellant was not entitled to any amount for the non‑scheduled work and the bill submitted was not proper. 4. Both the appellant and the respondent filed documents including the measurement book b......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......
This Case is also Reported in: 57 DLR (2005) 34.
......ers for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set aside and or pas such other order or further order or orders as to this Court may seem fit and proper.
2. Opposite parties Nos.1‑3 as plaintiffs filed title suit No.12 of 2002 in the Court o......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Employment/Service Law | Date: | Hits: 66
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......Affairs.....................Respondent
Judgment
March 1, 2004.
Cases Referred to-
Md. Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock Labour Board and others Vs. Jaffar Imam, AIR 1966 (SC) 282; Habiba Mahmood Vs. Bangladesh, 45 DLR (AD) 89.
Law......o that it may satisfy itself that he is not being detained without lawful authority or in an unlawful manner and/or pass such other or further order or orders passed as to this Court may seem fit and proper.
2. The detenu was arrested on 30‑10‑2003 in connection with Mongla PS Case No.5 dated......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....5,000 from the House Building Finance Corporation (shortly HBFC) and started construction in the suit land on 12‑12‑1995. Defendant Nos. 1 and 2, in total received Taka 9,00,000 from the HBFC and completed construction of a 4‑storied building each floor having two flats. So, the suit is liable......urt High Court Division (Civil Revisional Jurisdiction) Present: SM Hossain J AKM Haroon‑or‑Rashid & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is mad......o. V of 1908); Order VII rule 11(c)(d) The valuation of the suit is very important in determining the jurisdiction of the court and, as such, the question is required to be dealt with by passing a proper order assigning reasons by the learned Assistant Judge...........................(17) Case...... was the discretion of the plaintiffs to give valuation of the suit land. He further submitted that the questions of valuation and court-fee could be determined by framing issues at the time of final adjudication of the suit. In support of his contention he relied on the case of Mohammad Abdul Nasir..Category: Civil Law | Date: | Hits: 68
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......Case is also Reported in: 57 DLR (2005) 17. ......€‘7‑1992, now pending in the Court of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: ......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......n (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Abdul Mannan Bhuiyan (Md.)........................Petitioner Vs. University of Rajshahi and others...............Respondents Judgment April 26, 2004. Lawyers Involved: Md. Taju...... (5) of clause (e) reads as follows: "5. If the Chairman of any Examination Committee has reason to think that the scripts of any paper, which have been examined by a single examiner have not been properly examined, he may, with the previous approval of the Vice Chancellor, arrange for the reÂex......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..Category: Others | Date: | Hits: 157
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448....... Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Fazlur Rahman (Md)…………………………………………………Petitioner Vs. Md. Abdul Hamid, Advocate and others……………………Respondents Judgment July 24, 2002 Result: The Rule is......er has made a prayer to the effect that respondent No. 3 should be deemed to have vacated his seat as Member of the 8th Parliament, Now at the time of hearing Mr. Khan Saifur Rahman could not explain properly whether it is a writ of quo warranto or a certiorari. In any case, in spite of this ambigui...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...Category: Constitutional Law | Date: | Hits: 242
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......is also Reported in: 56 DLR (2004) 444.......onstitution of the country and, as such, the said proviso is liable to be struck down. He has referred to the case reported in 33 DLR (AD) 201 wherein their Lordships have held that in the absence of proper guidelines as to how discretion is to be exercised it will lead to arbitrary exercise of powe......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444...
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... For the Respondents. Writ Petition No. 3397 of 2001. Judgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7â€......, in consideration of the report, the Syndicate in its meeting held on 27/28‑8‑2000, by its resolution No. 127, formed a 5 (five) members enquiry committee, that in order to afford the petitioner proper representation, the respondent No, 4 vide his letter No. 1040(2)Ra/47 dated 6‑9‑2000, req......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......another ……...... Respondents Judgment February 24, 2003. Result: The Rule is made absolute. Lawyers Involved: Rafique‑ul-Huq with Khalilur Rahman with Zubayer Rahman Chowdhury and Muhammad Sakhawat, Advocates ‑ For the Petitioner. Tufailur Rahman ‑ For Respondent No. 2......ondent No.1 (Annexure - A to this petition) should not be declared to have been made without any lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to take proper steps for cancellation of the registration of the respondent No. 2 Union under section 10(1) ......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......ssain, 16 DLR (WP) 48; 7 DLR (FC) 1; Ali Vs. Crown, 4 DLR (SC) 551; Fazal Elahi Vs. Crown, 5 DLR (WP) 13; Khan Vs. Crown, 7 DLR (FC) 1; Mobarak Hossain Vs. State, 33 DLR 274; Barkat Ali alias Gharibu and others Vs. Crown, 1969 (SCMR) 448; Muhammad Ismail and others Vs. State and another, 1970 PLD (K......as first drawn my attention to the definition o criminal breach of trust as given in section 405 of the Penal Code which is quoted below: Section 405. Whoever, being in any manÂner entrusted with property, or with any domiÂnion over property, dishonestly misappropriates or converts to his own u......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election CommisÂsioner and others, 1992, 21 CLC (HCD)
....ter accepting the nomination paper of the candidate Mohiuddin Sikdar and after appointing a new Returning Officer within three weeks thereafter the union parishad election was directed to be held and completed." 7. From a reading of this order which is the impugned order translated by us hereinbe......rt Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Afzal Hossain…………………………Petitioner Vs. Chief Election CommisÂsioner and others…………………………Respondents Judgment December 1, 1992. Result: T...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....5 and was commissioned on 30‑1‑1966 as Pilot Officer, that he obtained PSC in 1979, and his Degree in Master of Science in Defence and Strategic Studies in the year of 1991 from Pakistan. He also completed National Defence Course (NDC) from Pakistan, in 1991. The petitioner was promoted to the r......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Air Marshal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of BanglaÂdesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is ma......in paragraph 8 of the petition, that the background on which the petitioner was promoted to the rank of Air Marshal, is not known to the Air Head Quarters, that the complications were caused due to improper filling up of his pension papers for which it took a long time to make it ready, that the pen......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......l Hatem ............….. Condemned Prisoner Judgment February 2, 2003. Result: Death Reference is accepted. Cases Referred to- Noor Jahan Begum Vs. State, 42 DLR (AD) 130; Al Amin and others Vs. State, 51 DLR 154. Lawyers Involved: Md. Helaluddin Mollah, Deputy Attorney ‑......d material in every case and prosecution is not bound to offer any motive and motive, if suggested, is required to be proved: Motive, if proved, affords a key to scan the evidences of the case in its proper perspective and motive proved indicates the high degree of probability and provides a link in......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Criminal Law | Date: | Hits: 75
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